[pro_quest]

Hi,

I have been in the US since August 2002. I changed from F1 to H1 on Sept 1st in 2005. Which form should I use to fill my taxes?
Also what how much would the standard deductions be?
Does the US-India Treaty deduction come into play? If yes, how much is it this year? And what section should I indicate to on the form.

Thanks in advance for the answers.

[AtlantaTaxExpert]

Pro-Quest:

You can file as a non-resident alien. Since you were under F-1 status for most of the year, you do not qualify as a resident alien because you have not met the Substantial Presence Test.

The form is Form 1040NR or 1040NR-EZ. On either form, you can claim the $3,200 personal exemption. On Form 1040EZ, you claim a $5,000 treaty exemption. On Form 1040NR, you can claim the $5,000 standard deduction on the line where the itemized deductions are listed and write "Standard Deduction allowed under U.S.-India Tax Treaty" next to it.

Since you get the standard deduction as a non-resident alien, it makes no sense for you to wait until early June to file as a resident alien under First Year Choice unless you want to claim a credit (specifically an Education Credit) that you cannot claim as a non-resident alien.